NC0056863_LVNC0056863 LV-2015-0222_20150923

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Certified Mail # 7013 1090 0000 6092 9702
Return Receipt Requested
Gary L Boney
Town of Rose Hill
PO Box 8
Rose Hill, NC 28458
Donald R. van der Vaart
Secretary
September 23, 2015 RECEIVEDIDENRIDWR
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit No. NCO056863
Town of Rose Hill
Rose Hill WWTP
Case No. LV -2015-0222
Duplin County
Dear Permittee:
SEP 2 9 2015
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.50 ($250.00 civil penalty +
$183.50 enforcement costs) against Town of Rose Hill.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Rose Hill for the month of May 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0056863. The violations, which
occurred in May 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Rose Hill violated the terms, conditions or
requirements of NPDES Permit No. NCO056863 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Town of Rose
Hill:
127 Cardinal Drime Extension_ Wilmington. North Carolina 28405
Phone- 910-796-7215 `• Internet xv.ncdenr.goN <htip://Nv"'w.ncdenr.gov>
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$250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0056863, by discharging:waste
water into the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
$250.00 TOTAL CML PENALTY
$183.50 Enforcement Costs
$433.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or?surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of mohey'saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail- Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was
not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thigy (30) days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

- Option 3: )File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have'any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at dean.hunke][e-mail].
Sincerely,
`,for S. Jay Zimmerman, P.G.
Dire tor, Division of Water Resources, NCDEQ
By James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File (w/attachments)
NPDF� C omplian�.:e'F_nf,�rnement unit- Enlorcenicm Filc (w/attachments)
Central Files, Water Quality Section (w/attachments)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2015-0222
Assessed Party: Town of Rose Hill
Permit No.: NC0056863
County: Duplin
Amount Assessed: $433.50
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences),-
(c)
ccurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANA'T'ION:

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Rose Fill
Rose Fill WWTP
PERMIT NO. NCO056863
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE FEARING AND
STIPULATION OF FACTS
CASE NO. LV -2015-0222
Having been assessed civil penalties totaling $433.50 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 22, 2015, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Town of Rose Hill
CASE NUMBER. LV -2015-0222
PERMIT: NC0056863 FACILITY: Rose Hill WWTP COUNTY: Duplin REGION: Wilmington
Limit Violations
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250 00 -5-2015 001 Effluent BOD - Conc 5/16/15 Weekly mg/I 15 18.60 24.0 Weekly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Rose hill
Facility Name: Rose hill WWTP
Permit Number: NC0056863
County: Duplin
Case Number: LV -2015-0222
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
r-� .�f • /) �L tet,-� .!i r :2Cr� ✓ i -CT �� - f' rte"✓ L' r
8) The cost to the State of the enforcement procedures.
$183.50
At
{ 7
11 `f
Date, mi s H. Gregson, jtegional Supervisor "
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

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Mr. Jim Gregson, Regional Supervisor
Division of Water Resources, DENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0530
Permit No. NCO056863
Rose Hill WWTP
Duplin County
August 26, 2015
Mr. Jim Gregson:
RECER IFEB/013DEWI /RI,R
AUG 3.1 2015
Water Quality Regional
Operations Section
ki%lilmington Regional Office
We have reviewed the Notice of Violation (NOV-2015-LV-0530) and agree with the reports' findings. We
have since updated the May 2015 eDMR status from 'Compliant'to 'Noncompliant'. We would also like
to take this opportunity to provide DENR with additional information that may prove useful in this case
as well as another instance of BOD exceedance in June 2015.
Recently, our Town's Pretreatment Program has identified another significant industrial user in our area
and we are attempting to establish a permit with them to aid us in monitoring their effluent stream
more closely and protect our collection system and WWTP in the future. This particular industry has a
history of high concentration parameters including BOD, COD, TSS, TKN, and Total Phosphorus.
Information obtained from various sampling events indicates an average effluent BOD concentration of
1,200 mg/L being discharged from the establishment. Normally, our WWTP handles the wastestream
rather well, but in some instances the concentrations originating from this industry are at such high
levels that we are unable to meet our permit limits.
We believe this was the case on June 17th, when our WWTP exceeded its weekly BOD limit of with an
effluent value of 22.1 mg/L. Samples were also taken at the particular industries' effluent on June 17th
due to observations made by the WWTP ORC regarding treatment quality. Laboratory analysis revealed
the industries' effluent contained a BOD concentration of greater than 2,469 mg/L while results at the
Rose Hill WWTP indicated an influent BOD value of 1,386 mg/L.
Periodic sampling of the industry will continue as will the process to incorporate them into our
Pretreatment Program. If successful, this will establish limits on effluent concentrations for the industry
and determine under what circumstances they can continue discharging to the Town of Rose Hill.

Hopefully, this will aid the Town in preventing further permit violations in the future.
If the Division has any questions regarding this letter or the data presented, please contact me at (910)
289-1461 or a_ehv! rEnr;r`c- ,F,4; r 1:FLl •_ rye.
Sincerely,
bby�
Bobby Cavenaugh
Public Utility Director
Town of Rose Hill, NC
cc: Ben Hilliard, ORC
T.K. Grubbs, Pretreatment Coordinator

Pat McCrory
Governor
J4
MCD
North Carolina Department of Environment and Natural Resources
August 20, 2015
CERTIFIED MAIL # 7013 1090 00006092 9573
RETURN RECEIPT REQUESTED
Bobby Cavanaugh
Town of Rose Hill
PO Box 8
Rode Hill, NC 28458
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0530
Permit No. NCO056863
Rose Hill WWTP
Duplin County
Dear Mr. Cavanaugh:
Donald R. van der Vaart
Secretary
A rdview of Town of Rose Hill's Discharge Monitoring Report forthe Rose Hill WWTP submitted forthe month of May
2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter
Date
Limit Value
Reported Value
Limit Type
5 -Day BOD
5/16/2015
15.000 mg/I
18.600 mg/I
Weekly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more
than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of any permit issued pursuant to'G.S. 143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10 -day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If.the violations -are of a.continuing nature, not -related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
- Phone: [phone]\ Internet: www.ncdenr.gov
An Fnnal r)nnnrhmity \ Affirmativa Artinn FrnnlnvPr— Made in nart by recycled oaaer

EM
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notifythe Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report
may be required within 5 days if directed by Division staff. Prior notice should be given for
anticipated or potential problems due to planned maintenance activities, taking units off-line, etc.
In addition, you may wish to consider registering to use the Division's new a -DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://Portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
If you should have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality Section at
[phone] or via email at [e-mail].
S�ncerely,
F
James-tregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR .
Cc: DWQ/Wilmington Regional Office - Green File
Central Files, Water Quality Section
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.NPUFS PPRMIT NO.- NC0056863 PERMIT VERSION. 4 0 PERMIT STATUS: Active
FACILITY NAME: Rose Hill WWII' CLASS: WNN--2 COUNTY: Duplin
OICNiR NAME- Town of Rose Hill ORC: Joseph Benjamin Hilliard ORC CERT NLrifBrR: 319;
GRADE- WN -2 ORC Ii:kS CHANGED. No
eDAIIt PERIOD: 05-2015 (May2015) VERSION- 1.0 STATUS: Processed
SAMPLING LOCATION: IINFLUENT DISCHARGE NO.: 001
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rl,,PDE,-SYT,Rt�ETNO,:NC,0056963
ll' NAME Rase HillWV,-M
OWNER NAME: Town of Rose Hill
(BADE: WW-2
eDAIR PERIOD- 05-2015 (May 2015)
('0A1PLL4hCE- Compliant
ORCifP>tifidr Signatu
PERMIT PERSION: 4.0
CLASS: WW--2
ORC- Joseph R-rijamin Hilhard
ORC HAS CHANGED: Na
VERSION: 1.0
CONT?W. PHONE*- 9102714808
PEIRMIT STATUS: Active
COUNTY; Dupini
ORC CFRT NITNIBER: 3192
STATUS: Processed
SUBMISSION DATE. 06-26!2015
Mi)s )n1t
Joseph Benjamin Hilliard E-Mail: Hit ownclerkCdiembargntai1.com Phone n.910-289-4498 Date
By this signature, I cer ll}' that this report is accurate and complete to the best of my loiowied,e.
The perminee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the em'ironment
Any information shall be prof ided orally within 24 Routs from the time the pemirttee became aware of the circumstances A w•ntten submission shall also be
provided 'Aithm 5 days of the time the pennitiee becomes aware ofthe circumstances,
if the facility is noncompliant, please attach a list of corrective actions being taken and a titne-table for improt ements to be made as required by part II.E. 6 of
the MIRES permit 1-�,
COMMENTS:
J'crtnittee!Sttbtitiner Signature••** Bo
06:20!:0 1 s
Wayne Cavenaugb E-Mail:[e-mail] Phone t:.910 289 1461
Pcnnittee Address: 287 Charlic Teachcy Rd NCSR.1931 Rose Hill NC 28458 Penmt Expiration Date- 01 31'2017
Date
I ccrtifv, Under penalty of law, that this document and all at achments were prepared under my direction or supen•ision in aecordance with a sN•stem designed
to assure that qualified personnel properly gather and evaluatt the information submitted. Based on my inquin• of the person or persons who managed the
system, orthose persons direct]- responsible for gathering the infbrnration, die information submitted is, to the best of my knowledge and belief, true,
accurate, and complete 1 am Mare that there arc significant penalties for submitting false information, including the possibilih• of fines and impnsonment for
knowins violations.
LAB NAME- Vann Laboratorcis
CERTIFTFD LAB k 22
PER SON(,) COLLECTING SAMPLES: Moseph Hilliard
CERTIFILD LABORATORIES
PARAMETER CODES
Parameter Codes assistance may be obtained by calling the NPDES Unit [phone] or by visiting the Surface Water Protection Section's u•eb site at `
http:/'Ponal.ncdem orgrweh'wgiswp and linking to the unit's information pages.
FOOTNOTES
Use: only units of measurement designated in The reporting facilih's NPDES permit for reporting data
* No blow/Discharge From Site Check this box if no discharge occurs and, as a result. there arc no data to be entered for all of the parameters on the DMR
for enure monitoring period
iy
" ORC on Site?: ORC must visit facility and document visitation of facibt\ as required per 15A NCAC 8G .0204. iM
c
*** Signature of Pcnnittee: If signed by other than the perniittee, then delegation of the signaton, authority must be on file with the suite per 15A NCAC 2B
0506(b)(2)(D), c
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